An executor or administrator must act in the best interests of an estate. They are required to identify and collect the estate assets, identify and pay the estate liabilities, record the values of the assets and liabilities, pay any inheritance tax due, and distribute to the beneficiaries of the estate.
If an executor or administrator fails to act properly in the administration of an estate, the beneficiaries can hold them to account.
This could be because the executor or administrator has failed to prepare estate accounts and the beneficiaries do not know the value of the estate. It could be because the executor or administrator has not taken steps to maximise the value of assets, for example, selling a property at an undervalue. It could be because the executor or administrator is making decisions about the estate that does not follow the terms of the will or rules of intestacy (where there is no will).
Making a Claim Against Executors
If an executor or administrator has failed to act in accordance with their duties, a claim can be made against them.
Our team of specialist lawyers can advise you on any concerns you may have about actions being taken in an estate by an executor or administrator.
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Disputes with Executors FAQs
What happens if there is a dispute between executors?
Sometimes disputes arise between executors. Some disagreements may be a reasonable part of deciding how best to administer an estate. Some disputes can escalate and may no longer be in the estate’s best interests. In such cases, one, some or all of the executors may be removed, if the court considers this the best way to protect the estate. However, the court can also give directions on how to proceed to executors who disagree. Most disagreements can be resolved before the court’s intervention is required.
What action can be taken against an executor?
Depending on the issue to be addressed, a claim can be made to the probate registry and / or the court. A claim can be made to recover losses from an executor, to remove an executor, to ask for the court’s guidance in an estate and/or to require estate accounts to be provided.
Who is an executor accountable to?
The executor has to act in the best interests of the estate, i.e. to take reasonable steps to maximise assets and to ensure liabilities are paid. The beneficiaries of the estate hold the executor to account.
What are the misconduct of executors? Rename to: What is executor misconduct?
An executor must follow the terms of the will or the rules of intestacy (where there is no will). If an executor does not, they are in breach of their duties. An executor must act in the best interests of the estate which includes taking reasonable steps to maximise the value of assets (for example, when selling a property) and paying liabilities such as debts and inheritance tax. If an executor fails to act properly and in accordance with their duties, they will be personally liable.
Can an executor ignore a will?
No. If will is valid, the executor must follow its terms. If there is a dispute about the validity of the will, the executor must await the outcome of the dispute.
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Our specialist team of solicitors take a personal approach to working with our clients which prioritises understanding and empathy and creates a supportive experience tailored to the individuals we work with.
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